This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980's - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the 'security sanction' and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the 'magic' of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.

This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or 'non-citizens'. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.

Although each main-set volume of Terrorism: 1st Series contains its own volume-specific index, this comprehensive Index places all the Index info from the last fifty main-set volumes into one index volume. Furthermore, the volume-specific indexes are only subject indexes, whereas five different indexes appear within this one comprehensive index: the subject index, an index organized according to the title of the document, an index based on the name of the document's author, an index correlated to the document's year, and a subject-by-year index. This one all-encompassing Index thus provides users with multiple ways to conduct research into four years' worth of Terrorism: 1st Series volumes.

Criminal Defense in China studies empirically the everyday work and political mobilization of defense lawyers in China. It builds upon 329 interviews across China, and other social science methods, to investigate and analyze the interweaving of politics and practice in five segments of the practicing criminal defense bar in China from 2005 to 2015. This book is the first to examine everyday criminal defense work in China as a political project. The authors engage extensive scholarship on lawyers and political liberalism across the world, from seventeenth-century Europe to late twentieth-century Korea and Taiwan, drawing on theoretical propositions from this body of theory to examine the strategies and constraints of lawyer mobilization in China. The book brings a fresh perspective through its focus on everyday work and ordinary lawyering in an authoritarian context and raises searching questions about law and lawyers, politics and society, in China's uncertain future.

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service and the Government Accountability Office, and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Terrorism in Pakistan's value to researchers of Pakistani terrorism issues is immediately evident from the organization of the salient documents therein: first Pakistan's security law (in statutes and international agreements), then Pakistan's reports to the UN, UN resolutions on Pakistani terrorism developments, next some U.S. perspectives on the problem, and lastly the perspectives of international groups (including a message from al-Qaeda). Since Pakistan's national efforts at thwarting internal terrorist activity have largely failed, this volume's combination of perspectives from inside the country with those from elsewhere yields a full and thoughtful picture for researchers delving into this complex arena, where history, religious extremism, and international political imperatives meet. The impact of jihadist training and organization within Pakistan extends far beyond its borders, and so any scholarly treatment of this subject must include both that discussion of domestic measures and that survey of international responses to those measures. Researchers will find in this volume the full spectrum of legal and political debate that revolves around this troubled country.

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional and Parliamentary testimony, reports by quasi-governmental organizations, and case law covering issues related to terrorism. The series also includes a subject index and other indices that guide the user through this complex area of the law. Overall, the series keeps users up-to-date on the panoply of terrorism issues now facing the U.S. and the world. Presidential Powers and the Global War Against Terrorists provides readers with a detailed and insightful exposition of the law of presidential war powers. The recent expansion of those powers by the Bush Administration has created uncertainty as to where the legal limits for Executive Branch military and surveillance activity currently lie. In this volume, Professor Doug Lovelace identifies those limits through both his presentation of relevant documents and his expert commentary of the meaning behind those documents.

This book provides a unique empirical study of criminal trials in China. Western observers such as the media, politicians and the legal scholars alike, have rarely had the exposure to the vast majority of the ordinary criminal trials in China. A number of legal reforms have been implemented in Chinese criminal courts in recent years, but there has been little research on whether these reforms have been effective. This book fills that gap, by unveiling the day-to-day reality of criminal cases tried by the lowest level courts in China. The data used in this study include hundreds of criminal trial observations, complete criminal case dossiers, and a comprehensive questionnaire survey of criminal justice practitioners from one large province located in China's Southeast coast. These data were collected over a two-year period, with a generous research grant from the John D. and Catherine T. MacArthur Foundation, by scholars already working in the Chinese legal system. The work opens with a historical framework of the Chinese criminal justice system, both Western and Chinese interpretations, and an overview of the current state of the system. It will provide unique analysis of how criminal trials are being carried out in China, with a useful context for scholars with varying levels of familiarity with the current system. The research framework for gathering data discussed in this book will also provide a useful basis for studying the criminal justice system in other regions.

In this book, which is the first of its kind, leading experts examine the civil and criminal forfeiture systems in Australia, Canada, China, Ireland, South Africa, the United Kingdom and the United States. In the fight against organized crime and international money laundering, there is a global trend for countries to enact forfeiture and confiscation laws that are applied through the civil process rather than the traditional criminal justice system. The authors gathered here analyze the appeal these civil forfeiture laws have for governments for their potential to disrupt criminal organizations and for their quantifiable benefits to the state. But without the usual safeguards of the criminal process, civil forfeiture laws are controversial, attracting constitutional challenges, particularly on human rights grounds. This book will be of great interest to policy-makers in government, and law enforcement agencies who are thinking of reforming their own laws, as well as to law reform agencies or select parliamentary committees where the issue of reform is topical. It will also appeal to students in criminal law, criminology and human rights.

This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.

Top Ten Global Justice Law Review Articles 2007 is a thorough and accessible review of the most salient, the most controversial, and the most illuminating essays on security law in the previous calendar year. In this edition, Professor Amos Guiora presents the ten most vital and pertinent law review articles from 2007 written by both scholars who have already gained international prominence as experts in security law as well as emerging voices in the security-law debate. These articles deal with issues of terrorism, security law, and the preservation of civil liberties in the post-9/11 world. The chosen selections derive not just from the high quality and expertise of the articles' authors, but equally from the wide diversity of legal issues addressed by those authors. Guiora combines the expertise of scholars from such accredited institutions as Harvard, Stanford, the U.S Military Academy and the U.S. Department of Defense to provide a valuable resource for scholars and experts researching this important subject area.
This annual review provides researchers with more than just an authoritative discussion on the most prominent security debates of the day; it also educates researchers on new issues that have received far too little attention in the press and in academia. These expert scholars and leaders tackle and give voice to these issues that range from cyberterror to detention of suspected terrorists to France's tightening of its civil liberties policy to new restrictions on religious philanthropy and beyond. Together, the vast knowledge and independent viewpoints represented by these ten authors make this volume, of what will be an annual review within the Terrorism, 2ndSeries, a valuable resource for individuals new to the realm of security law and for advanced researchers with a sophisticated understanding of the field. Top Ten Global Justice Law Review Articles 2007 serves as a one-stop guidebook on how both the U.S. and the world generally are currently waging the war on terror.

From the makers of the bestselling law revision series, Law Express: Criminology is designed to help both law and social science students revise effectively. This is your guide to understanding essential concepts, remembering and applying key theories, developing good critical analysis, and making your answers stand out.

Nobody's Law shows how people - who are disappointed, disenchanted, and outraged about the justice system - gradually move away from law. Using detailed case studies and combining different theoretical perspectives, this book explores the legal consciousness of ordinary people, businessmen, and street-level bureaucrats in the Netherlands. The empirical research in this study tells an original and alternative narrative about the role of law in everyday life. While previous studies emphasize the law's hegemony and argue that it's 'all over', Hertogh shows that legal proliferation makes it harder for people to know, and subsequently identify with, the law. As a result, official law has become increasingly remote and irrelevant to many people. The central finding presented in this highly topical text is that these developments signal a process of 'legal alienation'- a gradual and mundane process with potentially serious consequences for the legitimacy of law. A timely and original study, this book will be of particular interest to scholars in the fields of law and society, socio-legal studies and legal theory.

Volume 90: In his third volume for the Terrorism series, Professor Lovelace explores one of the most hotly debated issues in the current era of U.S. history: the extent of the President's war powers. Lovelace has selected the key Executive Branch and Congressional documents related to this issue and provides both a general introduction to the topic and specific commentary on the documents themselves. This volume addresses not just the Presdient's powers in waging war overseas but also the legal basis for his domestic conduct of the war on terror, particularly in the realm of domestic surveillance. By reviewing both the text of those documents and Lovelace's expert analysis of them, researchers will gain a thorough understanding of the ways in which the Bush Administration and Congress have expanded Executive Branch power. Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service and the Government Accountability Office, and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. With the addition of commentary from a prominent member of the U.S. national security establishment, Professor Douglas C. Lovelace, this series becomes the premiere resource for an informative and analytical discourse on terrorism and how itcontinues to have a catastrophic effect on our society.

Sex work occupies a legally gray space in Johannesburg, South Africa, and police attitudes towards it are inconsistent and largely unregulated. As I. India Thusi argues in Policing Bodies, this results in both room for negotiation that can benefit sex workers and also extreme precarity in which the security police officers provide can be offered and taken away at a moment's notice. Sex work straddles the line between formal and informal. Attitudes about beauty and subjective value are manifest in formal tasks, including police activities, which are often conducted in a seemingly ad hoc manner. However, high-level organizational directives intended to regulate police obligations and duties toward sex workers also influence police action and tilt the exercise of discretion to the formal. In this liminal space, this book considers how sex work is policed and how it should be policed. Challenging discourses about sexuality and gender that inform its regulation, Thusi exposes the limitations of dominant feminist arguments regarding the legal treatment of sex work. This in-depth, historically informed ethnography illustrates the tension between enforcing a country's laws and protecting citizens' human rights.

This book provides a comprehensive overview of capital punishment in the Australian colonies for the very first time. The author illuminates all aspects of the penalty, from shortcomings in execution technique, to the behaviour of the dying criminal, and the antics of the scaffold crowd. Mercy rates, execution numbers, and capital crimes are explored alongside the transition from public to private executions and the push to abolish the death penalty completely. Notions of culture and communication freely pollinate within a conceptual framework of penal change that explains the many transformations the death penalty underwent. A vast array of sources are assembled into one compelling argument that shows how the 'lesson' of the gallows was to be safeguarded, refined, and improved at all costs. This concise and engaging work will be a lasting resource for students, scholars, and general readers who want an in-depth understanding of a long feared punishment. Dr. Steven Anderson is a Visiting Research Fellow in the History Department at The University of Adelaide, Australia. His academic research explores the role of capital punishment in the Australian colonies by situating developments in these jurisdictions within global contexts and conceptual debates.

This book examines questions of medical accountability and ethics. It analyses how the criminal justice system regulates health care practice, and to what extent it can and should be used as a tool to resolve ethical conflict in health care. For most of the twentieth century, criminal courts were engaged in matters relating to medicine principally as a forum to resolve ethical controversies over the sanctity of life. However, the judiciary approached this function with reluctance and a marked tendency to defer to the medical profession to define what constituted ethical, and thus lawful, conduct. However, over the past 25 years, criminal courts have increasingly been drawn into these types of question, and the criminal law has become a major actor in the resolution of ethical conflict. The trend to prosecute for aberrant professional conduct or medical malpractice and the role of the criminal process in medicine has been analytically neglected in the UK. There is scant literature addressing the appropriate boundaries of the criminal process in resolving ethical conflict, the theoretical legal analysis of the law's relationship with health care, or the practical impact of the criminal justice system on professionals and the delivery of health care in the UK. This volume addresses these issues via a combination of theoretical analyses and key case studies, drawing on the experiences of other carefully selected jurisdictions. It places a particular emphasis on the appropriateness of the involvement of the criminal justice system in health care, the limitations of this developing trend, and solutions to the problems it throws up. The book takes euthanasia as a primary example of the issues raised by the intersection of health care and the criminal law, and questions whether health care issues appropriately fall within the remit of the criminal justice system.

The Insecurity State is a book about the recent emergence of a 'right to security' in the UK's criminal law. The Insecurity State sets out from a detailed analysis of the law of the Anti-Social Behavior Order and of the Coalition government's proposed replacement for it. It shows that the liabilities contained in both seek to protect a 'freedom from fear' and that this 'right to security' explains a lot of other recently enacted criminal offences. This book identifies the normative source of this right to security in the idea of vulnerable autonomy. It demonstrates that the vulnerability of autonomy is an axiomatic assumption of political theories that have enjoyed a preponderant influence right across the political mainstream. It considers the influence of these normative commitments on the policy of both the New Labour and the Coalition governments. The InsecurityState then explores how the wider contemporary criminal law also institutionalizes the right to security, and how this differs from the law's earlier protection of security interests. It examines the right to security, and its attendant penal liabilities, in the context of both human rights protection and normative criminal law theories. Finally the book exposes the paradoxical claims about the state's authority that are entailed by penal laws that assume the vulnerability of the normal, representative citizen.
The Insecurity State offers a criminal law theory that is unorthodox in both its method and its content:
- It is focused on a contemporary development in the 'special part' of the criminal law rather than the law's general principles.
- It is an explanatory political sociology of substantive criminal law rather than the more familiar normative theory; but it is an explanatory theory that seeks to understand the law's historical development through an investigation of the changing character of its normative order.
- It does not apply a pre-existing sociological or philosophical theory to the law; rather it develops a theoretical explanation from detailed legal analysis and reconstruction of New Labour's penal laws.
- It concludes that repressive criminal laws have arisen from a deficit of political authority rather than from excessive authoritarianism.

Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts - former judges on constitutional courts and international courts, and some of the world's leading criminal law, public law, and international law scholars - offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.

The idea of justice and the reality of justice are two very different things. Just Interests examines both concepts, offering accounts from lay people and legal officials to explore how the goals and interests of victims of crimes can be accommodated within the criminal justice process. Robyn Holder challenges the typical classification of ?victim? for those who have been victimized by violence, and re-positions them as members of a political community with diverse interests ? both private and public. Departing from conventional approaches that see victims as a problem for law to contain, Holder draws on democratic principles of inclusion and deliberation to posit a criminal justice approach that mobilizes citizens to produce justice in their ordinary lives. This book will be of fundamental importance for analysts and advocates in governmental and non-governmental organizations to understand victims as citizens first and their engagements with criminal justice as citizenship practices. It will also be a valuable read for socio-legal scholars and researchers examining the constitutive nature of peoples and their public criminal law.

The UN Global Study on Children Deprived of Liberty detailed many children's poor experiences in detention, highlighting the urgent need for reform. Applying a child-centred model of detention that fulfils the rights of the child under the five themes of provision, protection, participation, preparation and partnership, this original book illustrates how reform can happen. Drawing on Ireland's experience of transforming law, policy and practice, and combining theory with real-life experiences, this compelling book demonstrates how children's rights can be implemented in detention. This important case study of reform presents a powerful argument for a progressive, rights-based approach to child detention. Worthy of international application, the book shares practical insights into how theory can be translated into practice.

This book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised.

The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody's business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.